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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
On April 9, 2012, the Defendant purchased KRW 205,000,00 in the purchase price of KRW 7,062 square meters of F forest land in Gwangju Mine-gu and KRW 258 square meters of G site (hereinafter “instant purchase contract”), and paid KRW 40,000,000 to E on the same day.
On December 17, 2008, the Plaintiff acquired the ownership of 2,000 square meters in Gwangju Mine-gu C, Gwangju, and acquired the ownership of 507 square meters in total prior to H on November 25, 2009. The said real estate was necessary for the Defendant to have access to the F Forest land in Gwangju Mine-gu, which the Defendant purchased to E in order to make a franchising contribution.
On April 6, 2012, the Plaintiff, knowing that the Defendant intended to enter into the instant sales contract with E, proposed that the Defendant exchange part of the 2,000 square meters of land owned by the Plaintiff and part of the F forest in Gwangju Mine-gu that the Defendant agreed to purchase with E, and subsequently, entered into an implementation agreement with the Defendant on April 9, 2012, which entered into the instant sales contract with the Defendant, with the following content:
(이하 ‘이 사건 약정’이라 한다). 《 이 행 약 정 서 》 ① 광주 광산구 F, C 꼭지점에서 분할하고 측량 비용은 B(피고)이 부담한다.
(2) A (Plaintiff) shall pay to B the down payment of KRW 5 million among the total amount of KRW 102,500,000.
(3) Doing approximately 150 square meters out of total 1,614, and selling and buying the remaining 1,464 square meters in installments.
(4) C 605 square meters shall be divided in consultation with each other.
(5) When violating the terms and conditions of the above agreement, civil and criminal liability shall be borne by the violator.
The Defendant paid all remainder of the purchase price to E on May 15, 2012, and received the transfer registration procedure for ownership based on the instant sales contract from E.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 4, 9 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 1, Eul's assertion of the whole argument, the plaintiff's primary claim, and the first preliminary claim, and the plaintiff's primary claim.